1. SOME LEGAL REGULATIONS
ON LABOUR INSPECTION IN
ASEAN AND LABOUR
INSPECTION SYSTEM IN
VIETNAM
MA. Nguyễn Văn Tiến
Director of Ministry Inspectorate –
Ministry of Labour, Invalids and Social
Affairs - Vietnam
2. Content of the presentation
The presentation consists of two parts:
Part 1: An overview of ASEAN labour inspection
legal systems (through comparative study on
labour laws of AMS and somg ILO’s Convention
Part 2: Vietnam labour inspection system
Part 3: Some recommendations
3. Part 1: An overview on labour
inspection legal system in ASEAN
1. International labour standards
2. Regulations in ASEAN Member States
4. 1. International labour inspection standards
Labour Inspection System
International labour inspection standards:
Convention No.81
which was
ratified by
Vietnam,
Singapore,
Malaysia
and Indonesia
Recommendation
No 88 in
1947ăm 1947
Convention No 129
Protocol
No 1945
Recommendation
No.133 in
1969
5. International labour inspection standards
:
Main contents:
Function: two key functions: enforcement and advice
and prevention.
Structure: Labour inspection functions as a system
under the supervision and observation of a central
agency.
Powers: Labour inspectors, investigators, if necessary
conduct civil proceeedings towards violators and the
powers of inspectors are supported by enforcement
and sanctions
6. 2. REGULATIONS IN AMS
Legal Documents regulating labour inspection
Myanma, Malayxia,
Singapore
Have separate law on
labor inspection
Việt Nam, Campuchia,
Lào, Indonexia
Have no seperate law
but regulated in the
Labor Code and
general law on
inspection
8. ORGANIZING STRUCTURE OF LABOR
INSPECTION
Decentralized Inspection system
from Central to Local
Việt Nam, Thái Lan,
Indonesia, Campuchia, Lào
Local inspection system, integrating under
Central inspection agency and
Independently with local authorities
Philippines, Malaysia,
Singapore
9. Functions of inspectors
All AMS apply law enforcement.
Advice and prevention are
implemented differently in different
countries.
11. Labor Inspection – related legal documents in Vietnam
Labor Code in 1994, revised and
supplemented in 2002, 2006, 2007
Law on Inspection in 2004
Law on sending Vietnamese workers to
work overseas under contract
Law on Social Security
12. International Conventions and participation to IALI
Convention No. 81 of ILO on labor
inspection in industry and commerce,
Vietnam rafified in 1994.
Entered IALI on 1 January 2009 and
became associate member in 2005
13. History of Vietnam labor inspection and structure
1945 Establishment of labour inspection
trước
2003
In Ministry and DOLISA exist 2 directorates:
labor policy inspectors and labor safety
technique and protection
Labor Hygiene is under the control of Ministry
of Health.
2003-
nay
Integrated labor inspection have three areas:
labor policies, OSH
In MOLISA: Ministry Inspectorate
In DOLISA: Provincial inspectorate
14. Directorate of
General
Affairs and
administrativ
e inspection
Account
ing
Deputy Director
1
Deputy Director
2
Deputy Director 3
DIRECTOR OF MINISTRY
INSPECTORATE
MINISTER
(VICE MINISTER IN MISSION)
5 specilized directorates: Labor Policies, OSH, National
Devotees, Complaints and Denunciations, Children and
Social Affairs
Total number of inspectors: 50.
ORGANIZATION OF MINISTRY INSPECTORATE
15. Inspection in
the field of
labour
Directorate of labor
policy inspection
Directorate of OSH
Comprehensive inspection
on the implementation
Of labour law
16. Local labour inspection mechanism
In 63 provinces and cities
directly under central
government, there are 62
labor inspection agencies.
The inspectors in each
agency are from 2 to 50
17. Nation-wide inspectors
Before 2008 From 300 to 500 inspectors
From the end of 2008
to March 2010
Increased but mainly in big cities
as Ho Chi Minh, Dong Nai
From 400 to 497 inspectors
18. Functions of Vietnam labour inspectors
Ensure the implementation of labor law in: labor
policies, OSH.
Provide information and advise the best law complience
and technical instruction
Recommend the revision and development of labor
legal system
19. The inspection result during 2006-2009
Year
The number of
enterprises to
be inspected
The number of
legal violation
The
amount
of fines
2006 5505 18778 4580.78
2007 4986 19763 5325.95
2008 5695 22976 8798.43
2009 3146 20134 5453.45
21. Examination
Civil servant recruiting
examination
to be appointed inspectors after
1 year of probation and 2 year of
working
During 3 working year,
experience 2 compulsory course:
one 3-month course on state
management and one 2-month
course on basic inspection work.
Besides, to be trained in foreign
languages, information tech and
other sector-related courses
Appllied to
persons who
are not civil
servants
22. Admission
Applied to
persons who
are civil
servants
to be accepted and given task
at the inspection agency
to be appointed inspector after
1 year of working at inspection
agency
must be granted with
certificates of the same 2 training
course as in case of examination
23. THE CHALLENGES AND DIFFICULTIES THAT VIETNAMESE
LABOUR INSPECTORS ARE FACING WITH
the number of inspectors can not meet the demand
of inspection and supervision at the enterprise and
are not stable
the inspectors mainly gain knowledge and
technique through practice and sharing from
experienced inspectors, without an integrated traning
program.
the increased number of enterprises and forms of
enterprises in all economic sectors
24. THE CHALLENGES AND DIFFICULTIES THAT VIETNAMESE
LABOUR INSPECTORS ARE FACING WITH
labor law violation booms
unstable industrial relations and the role of workers’
representatives is not promoted
international and regional integration cause impacts
to the field of labor and labor movement in the region
and all over the world
25. SOME SOLUTIONS FOR VIETNAMESE LABOR INSPECTORS
1. Increase the number of inspectors, especially in
provinces, where there are a huge number of
workers.
2. Develop plans of training labor inspectors with
three skills: labor policy inspection, OSH
inspection skill
3. Develop the models of inspection and specific
measures in order to quickly supervise the
implementation of labor law at enterprises
26. 4. Develop periodical, sectoral priority plans in order to
introduce the targets of reducing labor law violation.
5. Enhance the role of tripartite parties in in promoting
industrial relations, in which labour inspectors have the
role of providing information, skills to assist employers
and employees to comply best with labor law.
6. Strengthen regional and international cooperation to
share information and experience in labor inspection
SOME SOLUTIONS FOR VIETNAMESE LABOR INSPECTORS
27. Establish annual labor inspection forum in order
to exhange, discuss the experiences in labor
inspectcion
Continue to study the good models such as:
organizing, activating and training models
Use ILO’s conventions on labor inspection as
standards towards building common framework
of labor inspection in ASEAN
RECOMMENDATIONS FOR ASEAN LABOUR INSPECTION
